My landlord went back on our verbal agreement....twice!?

I was renting a studio that turned out to be an illegal garage conversion. The city was scheduled to come out this past week (week of 10/05/09)to inspect the unit. My landlord asked me to move out before the city came that way he wouldn't face as many fines. He agreed to give me back all the rent (5 months worth) that I had paid to him plust my security deposit because it was such a short notice and he really wanted me out before the city came. This was on Friday 10/02/09. I was bummed that I would have to find new place, and the fact that he was willing to give me all the money back was a shock but I agreed to start looking that weekend and help him out. On Saturday the 3rd I called my landlord to let him know that I had found a place and could be out by Monday. He didn't return my calls. I called and left messages all weekend. Monday came around and still no word. I called him all day and finally after work on Monday he called me and said he couldn't give me all the money back. I told him he had agreed to it, and was going back on his word. I told him i understood that the situation was unfortuante for everyone involved and purposed a new agreement. I asked for the 1st and last month's rent plus my deposit. He agreed to pay if I was out by the next day and we agreed to meet at the apartment at 6:30 Tuesday. My boyfriend moved all my stuff out on Tuesday while I was at work. I was at the apartment on Tuesday at 6:30 and my landlord never showed....he sent his elderly mother instead I asked where the landlord was and she claimed he was at work. She checked out the place and said it was fine, she handed me an enevelope and said "do not contact ______" and turned to walk away. I told her to wait a sec because she hadn't collected the key from me or even closed the door to the apartment. She turned back and took the key and I locked and shut the door. As she walked away I opened the envelope to find a check for only the amount of my deposit. I told her this wasn't what her son and I had a greed to and she said "that is all you're getting and good luck!" I probabaly should have insisted on only meeting with my landlord, but I had NO idea that his mom was going to totally screw me over. I had to get a storage and put my stuff in it and needless to say I wasn't able to put the deposit down on my new place and have no place to live. My question is.....do i have a chance if I take him to small claims court?

2 months ago - 6 answers